A California court overturned the conviction Friday of a five-time deported homeless illegal immigrant who shot Kate Steinle in 2015.

The 1st District Court of Appeals ruled that the trial judge erred in not giving the jury “the momentary possession instruction,” NPR reported.

“It is undisputed that defendant was holding the gun when it fired. But that fact alone does not establish he possessed the gun for more than a moment. To possess the gun, defendant had to know he was holding it,” the appellate court wrote, according to NPR.

Jose Ines Garcia-Zarate was deported five times before he shot Steinle on a San Fransisco pier in 2015. Zarate was a seven-time convicted felon and Mexican national. Before he shot Steinle, Immigration and Customs Enforcement lodged a detainer for Zarate with the San Francisco sheriff’s office. The office did not honor the request, according to former Acting ICE Director Thomas Homan’s statement.

Steinle’s death ignited national debate over illegal immigration and was a major talking point for President Donald Trump during his campaign.

A jury acquitted Garcia-Zarate of the charge of murdering Steinle in November 2017 but convicted him of being a felon in possession of a gun.

His attorneys argued the shooting was an accident — that Garcia-Zarate found the gun under a bench, accidentally caused the gun to fire, and the bullet ricocheted off the pier and hit Steinle, who was walking about 78 feet away with her father.

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Garcia-Zarate himself admitted to firing the shot that killed Steinle at the trial but said it was an accident, saying the gun “went off.”

Under the gun possession conviction, Garcia-Zarate faced three years in prison. He now faces immigration and gun charges. His defense attorney Tony Serra said Garcia-Zarate may be tried locally on a state gun charge, according to NPR.

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About Mary Margaret Olohan

3 comments

I am just disgusted – No words can relay the way I feel about all of this going on around these illegals. Rapes, murders, DWI, Sanctuaries, Death. This whole business has gotten way out of hand, everyday it’s something, Mumps, scabies, crime, lawsuits, Everything is hitting a head. The Dems have what they want, votes and congressional seats, Trump and Co. are doing what they can but without changes at the congressional level there’s not much he can do. So here we are. Something must be done, I have had it.

I am sick to death of LIEberals not only ignoring our laws but INVITE these VERMIN into our country to leech off hard working honest American citizens

We (my wife and I) are “Angel Parents” We lost our youngest son and his fiancée to a three time convicted twice deported illegal WETBACK low life dirt bag felon. I cannot understand how or why elected officials are fine with encouraging these vermin to enter the U.S. then denying our own citizenry the right and ability to defend themselves by proclamation!

What was most tragic this occurred in a LIEberally mandated gun free zone where my son “obeyed the law” and paid for it with his and his fiancée’s lives. I make it a point to NEVER be in a “gun free zone” as I carry no matter if I am in a mandated gun free zone and no one is the wiser.

I see red whenever I hear a “bleeding-heart LIEberal” cry about injustice of “poor law abiding migrants” treated like the scum they are!!! Or how effective disarming law abiding citizens save lives. NONE of them have walked a mile in my shoes

Our only solace was when justice was served when this dirt bag tried to rob an off duty cop who wasted that POS. This was one of the most gratifying days of my life

I am old enough to remember when mentally ill people were put in hospitals not in congress!!!

Sadly the scumbags we have as “Faux Statesmen”, would rather focus on non issues rather than solve the real problems they create. I would not be the least bit surprised to learn that these cartels who deal in wholesale misery to the American people are BRIBING influential politicians into siding with them in order to obstruct and circumvent U.S. Law!!

I am aghast !! Though I probably shouldn’t be with the Elitist still ‘in charge’ of our courts. This man is a CRIMINAL trespasser & shouldn’t have been near our border, I thought it was really bending the line of fault to dismiss the murder of her in the first place and the charges remaining pale in comparison.

The Progressive Left has pushed their noses under the tents of our schools & churches, now our courts…..probably next is our bedrooms!!’

Is he running the streets now waiting for trial on the lesser charges?